NEW DELHI: The Supreme Court on Friday reserved its decision on allowing the sale and use of green firecrackers in Delhi-NCR during the upcoming Diwali festival. An absolute ban on firecrackers is currently in effect in the region.
The top court also verbally assured and hinted on Friday that "for Diwali we will allow use of green firecrackers but only within a fixed time duration," adding that it will pass an order to this effect later. It is, however, unclear as to when the court will pass the order.
The court observed that a complete ban on bursting of fire crackers in Delhi-NCR is "neither practical nor ideal" as such restrictions were often violated and balancing of equities is needed.
A bench of the top court, headed by Chief Justice B R Gavai and Justice K Vinod Chandran, said that it will most likely revisit the stay on ban (Arjun Gopal judgement) on green firecrackers, after hearing a batch of pleas seeking permission to manufacture and sell "green" firecrackers in Delhi and the National Capital Region.
The Union Government, through senior law officer Solicitor General Tushar Mehta, requested the apex court to allow green firecrackers, between 8 am and 8 pm on Christmas, between 11.45 pm and 12.30 am on New Year's eve, and for one hour on Gurupurab, among other occasions too.
He makes an additional request that the timings be relaxed for bursting of crackers during Diwali and other festivals. “Let our children celebrate Diwali with fervour at least for two days," Mehta pleaded to the top court.
The law officer added that Delhi is home to people from diverse communities who celebrate at different times of the day. Mehta, who also represented the National Capital Region states, urged the apex court to permit bursting of green firecrackers in Delhi-NCR on occasions like Diwali, Guru Parv and Christmas without any restrictions on the timing.
During the hearing, Senior Advocate J Sai Deepak requested the top court to pass an order and allow to include two hours in the morning as well.
On September 26, the Supreme Court in its order allowed the manufacturing of green green firecrackers in Delhi subject to the condition that they will not be sold in the Delhi-NCR, keeping in view the increasing level of pollution and deteriorating environmental condition.
The apex court passed the order after hearing a batch of pleas relating to air pollution in Delhi-NCR, including firecrackers and stubble burning in the noted environmentalist, M C Mehta case.
The top court had earlier said, in the meantime, we permit the manufacturers who have the certification of green crackers as certified by the NEERI (National Environmental Engineering Research Institute), as well as PESO (Petroleum and Explosives Safety Organisation) to manufacture.
However, this will be subject to an undertaking by the manufacturers to this court that until further orders passed by this court, they would not sell any of their crackers in the prohibited areas.
